Report sheds light on fatal crash involving Fond du Lac County deputy

Jul. 16, 2013

The Reporter Media photo illustration

Written by

Sam Strong

The Reporter Media

A Fond du Lac County Sheriff’s Office deputy was traveling 80 to 92 mph moments before he hit a vehicle and killed a 20-year-old Fond du Lac man last year, according to a Wisconsin State Patrol accident reconstruction report released this week.

“In order for (deputy Ryan Flood) to drive the two miles he said he did in less than 78 seconds, we calculated (Flood’s) average speed would have been an average of 92 mph,” said Trooper Mark Andraschko, author of the report.

Flood was on his way to a hit-and-run call when he struck a vehicle driven by Matt Koenigs of Fond du Lac, according to the report. Flood got the call while he was monitoring traffic on Highway 41 about two miles from the crash site.

Flood was eastbound on County Trunk B in the town of Eden and Koenigs was northbound on County Trunk K. The two collided after Koenigs stopped at a stop sign and proceeded through the intersection around 9 p.m. Aug. 24. Flood had the right of way in the intersection.

Reconstructionists were able to determine Flood’s possible speed just before the crash by looking through computer messages sent between the Mobile Data Computer (MDC) in Flood’s squad and the Fond du Lac County dispatch center.

Between the lines

A Fond du Lac County 911 Communications Dispatch Center computer showed a message was sent from dispatch to Flood’s computer at 9:02:43, but there was no record of that message on Flood’s MDC.

Andraschko said it is likely that Flood never received the message because, by that time, he had already hit Koenigs.

The last message recorded on Flood’s MDC hard drive was one he sent to dispatch at 9:01:25 p.m. Flood said he sent the message when he was about two miles from the crash site.

Assuming Flood never received the message dispatch sent at 9:02:43 because he was already involved in the crash, Flood would have had to travel two miles in 78 seconds, according to the report. That means Flood would have had to have been traveling an average of 92.3 mph.

When investigators took into account that there could be as much as a 12-second delay from the time a message is sent from dispatch to the time it is received by the squad’s MDC, Flood would still have had to travel two miles in 90 seconds — making his average speed 80 mph.

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Andraschko said he did not consider other reasons Flood did not get the message.

The call

Flood told investigators he thought he was driving “in the 70s (mph),” according to the report. The investigation confirms he was traveling at that speed at the time of the crash.

Flood did not have the squad car’s emergency lights or sirens on at the time of the crash, according to the report.

Fond du Lac County Sheriff’s Office policy states a deputy is allowed to speed without using emergency lights and sirens under two circumstances: To obtain evidence of a speed violation or when responding to what is believed to be a felony in progress, according to the Wisconsin State Patrol’s accident reconstruction report.

In addition, the policy states if a deputy drives faster than the posted speed limit while responding to a felony in progress or obtaining evidence of a speed violation, only speed laws are exempt. The deputy would need to follow all other traffic laws, according to the policy.

Dispatch told Flood the caller had the hit-and-run suspect cornered, according to the report. Flood said he was concerned about the incident “flaring up and becoming something worse,” according to the report. Flood also told investigators he was concerned about the use or threatened use of a flashlight by one of the parties involved, according to the report.

Fond du Lac County Sheriff Mick Fink said he did not know the outcome of the hit-and-run call.

Fink said he could not discuss the crash, including the report released this week, due to pending civil litigation and possible criminal charges. Fink said he was briefed on the report on July 10 and had not seen or heard anything on the investigation prior to that date.

“I’ve been advised by the county attorney not to comment or discuss the case at all due to the pending civil litigation,” Fink said. “Once a conclusion comes from the DA, we will have to make some decisions as to what (departmental) policies have been violated, if any.”

Next steps

Flood has been placed on administrative duty since the crash, Fink said. An internal investigation will begin after civil and criminal investigations are complete.

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“At this point, it would be premature to conduct an internal investigation or make any decisions regarding discipline or future employment,” Fink said.

The report is now in the hands of Waukesha County District Attorney Brad Schimel.

Schimel said he is discussing with the Koenigs family the pros and cons of proceeding with a homicide charge, but no charges had been filed as of Tuesday. Schimel said he has also been in touch with Flood’s attorney.

“All involved have much to consider and I feel authorized to say that everyone involved would like some time to consider the options and see whether there is some common ground for a resolution with which all can live,” Schimel said.

Koenigs’s father, Jeff Koenigs, said the family has seen the report, but due to a pending civil case and potential criminal charges, he did not want to answer questions from The Reporter.

“After everything is said and done, we may make a statement,” Koenigs said. “Until then, we don’t have anything to say.”